Divorce in Houston

Introduction
There are very few issues less stressful than going through a divorce.  This is a very personal situation that needs the utmost attention of an experienced Family Law attorney.  Here at the Divorce Law Firm of “Insert Your Name” we can help you through this time.  We are dedicated to bringing high-quality, affordable representation to you.

Overview
Texas law requires that you live in the State of Texas for six months prior to filing for divorce and the county where you file for ninety days.

Definition
A divorce is a legal termination of a marriage. There are two kinds of divorce in Houston:

1.  Uncontested

• You and your spouse mutually agree to this divorce – nothing to fight about
• All family matters pertaining to the children, property, and assets are agreed on
• The petition is filed, waiver of citation (agreement) signed – final divorce papers signed
• Waiting period of 60 days for divorce to be granted
• Final step – one or both parties attend, judge approves and signs the decree

2.  Contested

• You and spouse cannot agree on most issues
• Usually takes a long time before the final divorce decree is signed

Grounds for Divorce
Texas is a no-fault divorce state.

• Can get divorced because of personality conflicts
• Other grounds include:
• Cruelty
• Adultery
• Felony conviction
• Abandonment
• A commitment to a mental institution

The Petition

• Each divorce case starts with filing an Original Petition for Divorce with the country district clerk.  The fee is about $190.  Other charges may apply.
• Other orders (i.e. temporary restraining, protective) may be requested at this time.
• This document generally states what you are asking the court to do for you

Temporary Restraining Orders (TROs)

• A TRO keeps parties from making changes before the hearing.
• TROs are always mutual.
• States what the parties cannot do.
• make any threats
• hide assets, such as bank accounts, jewelry
• spend money other than day-to-day living expenses
• open each other's mail
• cancel utilities or insurance

Protective Order

• Prohibits a person from coming near you at home, your job, or a school where your child is enrolled.
• You must prove family violence has occurred.
• If the person comes close to you at a certain location, the police can arrest him or her.
• There are problems that come with a Protective Order:
• A protective order can keep someone away from a location, not from you.
• You have to provide your address so the person has notice of where they cannot be.
• This is NOT safe - If they don't know how to find you, you might be safer.

Temporary Orders
A Temporary Order is issued when there are unanswered questions regarding:

• Who will live in the home
• Who will use furnishings, car, etc.?
• Who will pay the bills?
• Spousal support. Child support.  How much?
• Custody of the children?

You will not need a Temporary Order if you and your spouse have agreed on all family issues.  However, if you have not agreed, a hearing date will be set for both of you plus your attorneys to go to court.

First Hearing
The first court appearance will be a hearing on temporary orders.  If you and your spouse cannot agree on family matters, a judge will decide for you.  Some of the matters discussed at this time are:

• Who gets to live in the family home
• Who gets which car
• Temporary spousal support, child support
• Temporary custody arrangements and visitation schedules
• Bills and debts
• A financial information sheet is filled out by you and your spouse – expenses, income, etc.

Next Steps

• Discovery
  • Each party discovers details about available property belonging to the other, etc.
  • Written questions known as interrogatories
  • Requests for certain documents
  • Depositions (sworn testimony before a court reporter in a lawyer's office)

Mediation
If you cannot agree on the family issues, the court will suggest sending you to mediation.  Here a neutral person who is trained to resolve disputes meets with you and your spouse to discuss the differences.

Child Custody
Parents can have different definitions for “the best interests of the child.”   Texas law - divorcing parents will be made joint managing conservators of their children.

• Joint conservatorship means that both parents share the rights, responsibilities, and duties (school, medical)
• Not how much time they have the children
• Only one parent will decide where the children will live
• A parent can be the sole managing conservator – given more parental rights than the shared ones
• The other parent would be the possessory conservator – visitation privileges

Visitation

• Texas law states that a standard visitation schedule will be followed for children 3 and over.
• Parents can always agree to a workable schedule with each other.
• The Texas Family Code provides a visitation schedule for parents who live within 100 miles of each other.  The following details the provision in part.
• Divides holidays evenly between both parents
• The parent with visitation will have
• at least 2 weekends a month
• 2 hours every Thursday during the school year
• 30 days during the summer.

Child Support
According to child support guidelines - Child support is subject to change if visitation or the parents’ financial situations (layoff from a job) change.  It can be decreased or increased (earning more than time of divorce). 

Alimony
Factors Used in Determining an Award of Maintenance (Alimony):

• Periodic payments given for support of one spouse for dissolution of a marriage if:
  • The length of the marriage was 10 years or longer
  • Spouse does not have sufficient property to provide for minimum needs.
  • Is the custodian of a child from marriage
  • Lacks earning ability – possible disability
  • Under normal circumstances, alimony will last about three years
  • Amount is usually 20% of the payee’s monthly gross income

Property Division
The court can only divide community property and debts acquired or incurred during the marriage.

• Employee benefits – pension, disability, 401K plan
• Any property that generates income during the marriage
• Partnership that increases in value
• Dividends from stock
• Agree on a fair division
• If you cannot agree, a judge will divide the property, including all debts

Separate Property

• Owned by a spouse before the marriage took place
• An inheritance received during the marriage
• Corporate stock from a partnership

Conclusion
The Family Law Firm of “Insert Your Name Here” ensures you that the process will go smoothly.  We will work to keep the hassle out of your hands.

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